Anti -dumping or protection: an analysis of competition issues in dumping investigations

 

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dc.contributor.advisor Kelly, Luke en_ZA
dc.contributor.author Mastara, Shupikile en_ZA
dc.date.accessioned 2016-07-27T10:24:38Z
dc.date.available 2016-07-27T10:24:38Z
dc.date.issued 2016 en_ZA
dc.identifier.citation Mastara, S. 2016. Anti -dumping or protection: an analysis of competition issues in dumping investigations. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/20861
dc.description.abstract 'J. Michael Finger once portrayed the anti-dumping regime as a "witches' brew of the worst of policy making: power politics, bad economics, and shameful public administration.'' The thesis looks at the role of competition in anti-dumping investigations. With the growth in the initiation of anti-dumping investigations, there is concern that the limitations in the anti-dumping regulation open the system up to abuse. Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 describes dumping as the act of selling goods in an export market at a lower price than the country of origin. This act is comparable to that of price discrimination or predation in competition law. However, the imprecise definition of key terms in anti-dumping law such as 'normal value', and 'material injury' permits industries to take advantage of these loopholes to gain protection from foreign competitors. This challenge has been reflected in the South African poultry industry where anti-dumping measures have been used as a way of protecting the market. This is reflected in the comment from ITAC who stated that it was important to 'give consideration to a country being able to produce a strategic protein source but at affordable prices… [And] A balance between the viability of domestic producers of a strategic industry with the affordability of food for the lower income group is critical for food security.' Recommendations have been put forward to deal with the limitations in the anti-dumping regulation with some calling for the removal of the anti-dumping legislation to be replaced with an international competition network. However the political nature of anti-dumping suggests that the best way to safeguard competition in dumping investigations is to incorporate competition principles in anti-dumping regulation. These include redefining key terms which are ambiguous, as well as increased cooperation between the trade and competition regulators to ensure the promotion of trade and competition. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Commercial Law en_ZA
dc.subject.other Dispute Resolution en_ZA
dc.title Anti -dumping or protection: an analysis of competition issues in dumping investigations en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname MPhil en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Mastara, S. (2016). <i>Anti -dumping or protection: an analysis of competition issues in dumping investigations</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/20861 en_ZA
dc.identifier.chicagocitation Mastara, Shupikile. <i>"Anti -dumping or protection: an analysis of competition issues in dumping investigations."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016. http://hdl.handle.net/11427/20861 en_ZA
dc.identifier.vancouvercitation Mastara S. Anti -dumping or protection: an analysis of competition issues in dumping investigations. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20861 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mastara, Shupikile AB - 'J. Michael Finger once portrayed the anti-dumping regime as a "witches' brew of the worst of policy making: power politics, bad economics, and shameful public administration.'' The thesis looks at the role of competition in anti-dumping investigations. With the growth in the initiation of anti-dumping investigations, there is concern that the limitations in the anti-dumping regulation open the system up to abuse. Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 describes dumping as the act of selling goods in an export market at a lower price than the country of origin. This act is comparable to that of price discrimination or predation in competition law. However, the imprecise definition of key terms in anti-dumping law such as 'normal value', and 'material injury' permits industries to take advantage of these loopholes to gain protection from foreign competitors. This challenge has been reflected in the South African poultry industry where anti-dumping measures have been used as a way of protecting the market. This is reflected in the comment from ITAC who stated that it was important to 'give consideration to a country being able to produce a strategic protein source but at affordable prices… [And] A balance between the viability of domestic producers of a strategic industry with the affordability of food for the lower income group is critical for food security.' Recommendations have been put forward to deal with the limitations in the anti-dumping regulation with some calling for the removal of the anti-dumping legislation to be replaced with an international competition network. However the political nature of anti-dumping suggests that the best way to safeguard competition in dumping investigations is to incorporate competition principles in anti-dumping regulation. These include redefining key terms which are ambiguous, as well as increased cooperation between the trade and competition regulators to ensure the promotion of trade and competition. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Anti -dumping or protection: an analysis of competition issues in dumping investigations TI - Anti -dumping or protection: an analysis of competition issues in dumping investigations UR - http://hdl.handle.net/11427/20861 ER - en_ZA


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